Detention Basin Holliday 3rd Ad
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MEMORANDUM
May 26, 2004
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TO:
The Honorable Mayor and City Council Members
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FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Holliday 3rd Addition - Detention Basin Requirements
Holliday 3rd Addition is a commercially zoned development that includes the extension
of Holliday Drive to the south. Because the development exceeds an acre, per City
policy, stormwater detention is required. The site is directly adjacent to the NW Arterial
Detention Basin and all drainage from the site flows to the basin.
Assistant City Engineer Gus Psihoyos recommends City Council approval of a seNice
agreement with QHQ Properties, whereby the City will provide detention basin seNices
for a fee in the amount of $62,250, and beginning in 2005, the City will receive an
annual payment starting at $4,120 and increasing by 2.5% each year thereafter.
A review of the Drainage Basin Master Plan and the hydrologic model produced by
HDR indicates that the Northwest Arterial detention basin can accommodate the
additional stormwater runoff from Holliday 3rd Addition without changing the functionality
of the detention basin; the peak flow of runoff out of the detention basin will not change.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/1~J;{ ~AJA
MicHael C. Van Milligen '----
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Assistant City Engineer
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MEMORANDUM
May 20, 2004
FROM:
Michael C. Van Milligen, City Manager
Gus Psihoyos, Assistant City Engineer ~
TO:
SUBJECT: Holliday 3rd Addition - Detention Basin Requirements
INTRODUCTION
The purpose of this memo is to seek the City Council's approval of the proposed
STORMWATER FACILITIES FEE AGREEMENT between QHQ - the developer of
Holliday 3rd Addition - and the City of Dubuque.
BACKGROUND
Holliday 3rd Addition is a commercially zoned development that includes the
extension of Holliday Drive to the south. Because the development exceeds an
acre, per City policy, stormwater detention is required. The site is directly adjacent
to the NW Arterial Detention Basin and all drainage from the site flows to the
basin.
DISCUSSION
To meet detention basin requirements, QHQ asked City Engineering about the
possibility of utilizing the City's detention basin instead of constructing a new
detention basin of their own. The NW Arterial detention facility, located just south
of Holliday 3rd Addition, has been functional since the spring of 2002.
A review of the Drainage Basin Master Plan and the hydrologic model produced by
HDR indicates that the NW Arterial detention basin can accommodate the
additional stormwater runoff from Holliday 3rd Addition without changing the
functionality of the detention basin; the peak flow of runoff out of the detention
basin will not change.
The basic premise of the agreement is that the City will provide detention (a
seNice) and QHQ will reimburse the City for the cost of the seNice. The seNice
fee has three components.
1)
Cost to Construct the Detention Basin
QHQ property totals 40.9 acres, making up twelve and three tenths percent
(12.3%) of the 332.8 acres that contribute stormwater runoff to the NW
Arterial detention basin. Therefore, QHQ will pay to the City of Dubuque
12.3% of the City's cost to construct the basin. At the time of execution of this
agreement, QHQ will make a one-time payment to the City of $62,250.00.
Table 1 shows a summary of the fee calculation.
Table 1. City's cost to construct the NW Arterial detention basin and QHQ's prorated share.
Activity Cost Year
$ 212,618.27 2002
$ 85,624.01 2003
$ 44,736.34 02-03
$ 105,000.00 1985
$ 58,500.00 NA
$ 506,478.62
Construction
Construction
Engineering
Property Acquisition - North
Property Acquisition - South (estimated)
TOTAL
Total Acres SeNed
Cost per Acre
QHQ Acres
þHQ Share (payment to the City)
332.8
$ 1,521.87
40.9
$ 62,238.43
12.3%
2)
Cost of Detention Basin and Drainage Channel Maintenance
Maintenance presents another cost associated with a detention basin. Cost
for maintenance includes such items as mowing, riprap maintenance, debris
removal, sediment removal, and the City's cost to maintain the downstream
channel. To help pay for the maintenance, QHQ's (or their successors) will
make annual payments to the City equal to 12.3% of the estimated annual
maintenance cost Annual payment will be due on January 1, 2005 and will
increase by 2.5% each year. The cost for this maintenance for the first year
of the agreement will be $4,120.00.
RECOMMENDATION
I recommend that the City enter into the agreement with QHQ.
BUDGET IMPACT
Per the terms of the agreement, the City will receive a payment of $62,250.00. In
addition, beginning in 2005, the City will receive an annual payment starting at
$4,120.00 and increasing by 2.5% each year thereafter.
ACTION REQUESTED
I respectfully request that the City Council authorize City staff to enter into the
seNice agreement with QHQ Properties whereas the City will provide detention
basin seNices so that Holliday 3rd Addition meets the City's detention basin
requirements.
attachment
Prepared by Deron Muehring
cc: Cindy Steinhauser, Assistant City Manager
Dawn Lang, Budget Director
Laura Carstens, Planning SeNices Manager
Kyle Kritz Associate Planner
Deron Muehring, Civil Engineer II
Tim Quagliano, QHQ
CITY OF DUBUQUE STORMWATER FACILITIES FEE AGREEMENT
THIS AGREEMENT made and entered into this '2'1 day of !J1v1-i( ,
2004, by and between the City of Dubuque (City) and ---Cit-r ~~....v-. /:)/4,14 ýJlrf
(Owner) whose address is '3l("]o 7)"Py >h Í(N';t /, r:¿br'" '::fA-. S'Zv<'f
WHEREAS, Owner is proposing to construct the following development
(the Project): ,
Description of Project Cov...iWif-aL+-f Ð~e1ø i7~
Address of Project ¡v'øt<-Hc",~+- ~:7rP ;'--*""71 M,
and
WHEREAS, City policy requires that a development such as the Project
include the construction of a private stormwater detention facility to mitigate the
increased volume and flow of stormwater runoff caused by the Project; and
WHEREAS, City constructed, owns, and operates the NW Arterial
Detention Basin; and
WHEREAS, City owns and maintains the Drainage Channel between the
project and the NW Arterial Detention Basin; and
WHEREAS, Owner desires to have the benefit of the seNice of the NW
Arterial Detention Basin and the Drainage Channel and agrees to pay City for the
cost of such seNice.
NOW, THEREFORE, in consideration of the terms, conditions, covenants and
performances contained herein, the parties hereto agree as follows:
1.
City agrees to operate and maintain the NW Arterial. Detention Basin
and the Drainage Channel immediately downstream of the Project to
detain stormwater runoff from the Project and other upstream
properties that total 332.8 acres. City's cost to construct the NW
Arterial Detention Basin was $506,478.62, or approximately $1,522 per
acre.
2.
Owner shall pay the City at the time of execution of this Agreement a
detention basin construction seNice fee in the amount of Sixty-two
Thousand Two Hundred Fifty Dollars ($62,250.00), based on $1,522
per acre for the 40.9 acres associated with the Project.
3.
Commencing January 1, 2005, and on January 1 of each year
thereafter, Owner shall pay to City an annual detention basin and
4.
drainage channel maintenance fee for the maintenance of the NW
Arterial Detention Basin and the Drainage Channel. The annual fee for
2005, shall be Four Thousand One Hundred Twenty Dollars
($4,120.00). The annual fee for 2006 and for each year thereafter
shall be calculated by adding 2.5% to the fee for the previous year.
[Fee for year 2006 = $4,120 + (2.5% x $4,120) = $4,223.00; fee for
year 2007 = $4,223.00 + (2.5% x $4,223.00) = $4,328.58; and so on].
city shall not require Owner to provide on-site drainage detention
facilities for the Project so long as City is providing the detention basin
seNice for the Project
5.
Owner agrees that nothing contained herein shall relieve Owner of the
responsibility for providing adequate private drainage facilities on the
Project site or the responsibility for discharging stormwater to a public
drainage facility in accordance with plans therefore approved by the
City. Owner shall prepare plans for and construct such drainage
facilities in accordance with City's design standards and practices.
6.
This Agreement shall be binding upon City and Owner and their
successors, executors, administrators and assigns.
7.
It is understood that the Owner will assign, sublet, or transfer its
interests in this Agreement, but not without prior written consent of
City, which consent shall not be unreasonably withheld.
8.
Nothing herein shall be construed as giving any rights or benefits
hereunder tq anyone other than City and Owner.
9.
This Agreement supercedes all previous agreements, oral or written,
between City and Owner and represents the whole and entire
Agreement between the parties regarding this matter. This Agreement
may not be altered, modified or amended except in writing, properly
executed by an authorized representative of City and Owner.
10.
If any section, clause or provision of this Agreement shall be held
invalid, such invalidity shall not affect the validity of any other section,
clause, paragraph, portion or provision of this Agreement
11.
The construction, interpretation and performance of this Agreement
shall be governed by and construed in accordance with the laws of the
state of Iowa. Any action at law, suit in equity or judicial proceeding for
the enforcement of this Agreement or any provision thereof shall be
. '
instituted and maintained in a court of competent jurisdiction located in
the County of Dubuque, State of Iowa.
IN WITNESS THEREOF, the parties hereto have made and executed this
Agreement the day, month, and year first above written.
OWNER
CITY OF DUBUQUE
Gus Psihoyos
Printed Name
Assistant City Enoineer
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